Liability for son punching a boy who was harassing our daughter?
(Middlesex county, NJ)
My son assaulted a boy at school that was harassing my younger daughter. He broke the child's nose. My son was suspended from school for 2.5 months, and he was arrested and charged with aggravated assault. We hired a lawyer and he went to court. He was sentenced to 60 days suspended sentence and a year of probation.
We now received notice (from the same law firm that represented my son in his criminal case) from the mother of the child's lawyer that they intend to sue my husband and I. Are they allowed to sue us for this? What are our rights? How can we defend ourselves? Thank you.
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ANSWER for "Liability for son punching a boy who was harassing our daughter?":
Vicki (Middlesex county, NJ):
It is our policy at InjuryClaimCoach.com not to interfere with the attorney-client relationship. To do so would be inappropriate. Your son’s best interests would be served by heeding the advice and counsel of his attorney. If you're not happy with his representation, you can seek a second opinion from another attorney in your area.
Generally speaking, anyone can file a lawsuit against anyone else, at any time, for just about any reason. That doesn't mean they'll win. Also, parents can be held responsible for the acts and omissions of their minor children when those acts or omissions result in injuries to third parties.
Being responsible means the parents may have to cover the resultant costs of the injury, often referred to as "Damages." This can include the injured party’s medical and chiropractic bills, out of pocket expensess, lost wages, and pain and suffering. Here's a more in-depth look at everything you can claim for damages.
Your best interests will served by seeking the counsel of your attorney.
Best of luck,
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